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(영문) 수원지방법원 안양지원 2019.10.25 2019고단1771
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On October 8, 2008, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (driving) at the Ansan District Court’s Ansan Branch, and a summary order of KRW 4 million for the same crime was issued on July 8, 2013 at the Suwon District Court’s Ansan Branch, respectively.

【Criminal Facts】

On August 27, 2019, at around 20:35, the Defendant driven a IMF towing vehicle while under the influence of alcohol 0.073% of the blood alcohol concentration at approximately 1.5km from the roads adjacent to C Elementary School located in the Manan-si, Ansan-si B to the roads adjacent to the same Gu D.

As a result, the defendant violated the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Report on the circumstances of the driving of a motor vehicle;

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records and investigation reports (attached to summary orders);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that even though a person has been sentenced twice to a fine due to a drunk driving, he/she again drives under the influence of a fine but appears to reflect his/her wrongness, the fact that he/she has no criminal record exceeding the fine, the degree

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

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